H.B. No. 582
AN ACT
relating to the prosecution of the offense of taking or attempting
to take a stun gun from a peace officer, parole officer, or
community supervision and corrections department officer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 38.14(a) and (b), Penal Code, are
amended to read as follows:
(a) In this section:
(1) "Firearm"[, "firearm"] has the meanings assigned
by Section 46.01.
(2) "Stun gun" means a device designed to propel darts
or other projectiles attached to wires that, on contact, will
deliver an electrical pulse capable of incapacitating a person.
(b) A person commits an offense if the person intentionally
or knowingly and with force takes or attempts to take from a peace
officer, parole officer, or community supervision and corrections
department officer the officer's firearm, nightstick, stun gun, or
personal protection chemical dispensing device with the intention
of harming the officer or a third person.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense is committed before the effective date of
this Act if any element of the offense occurs before the effective
date.
SECTION 3. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 582 was passed by the House on May 13,
2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 582 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor